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(영문) 청주지방법원 2014.11.05 2013가단22621
건축자재임대료
Text

1. The Defendants each of KRW 30,000,000 to the Plaintiff, respectively, and 6% per annum from July 23, 2014 to November 5, 2014, respectively.

Reasons

1. Facts of recognition;

A. On May 16, 201, the Plaintiff entered into a lease agreement for construction materials (hereinafter “instant lease agreement”) with D, a real owner of the non-party C company.

The Defendants jointly and severally guaranteed 30,000,000 won each of the obligations under the instant lease agreement of the C Company as the guarantee limit.

B. At the time of the instant lease agreement, C Company received and continued to engage in the construction site for the Marine Transport Unit E (hereinafter “Maritime Transport Unit E”). Around August 201, the C Company additionally received and proceeded with the construction site for the FF.

C Company has partially diverted the materials on the shipping stand at the FY site, and received additional materials from the Plaintiff at the FY site.

C. On August 26, 2011, C Co., Ltd. entered into a contract for supply and demand of reinforced concrete construction among the construction works of e-cco integrated construction and e-cat integrated construction (hereinafter “e-cat integrated construction, etc.”) with a limited liability company in the name of e-cat integrated construction and e-cat integrated construction (hereinafter “e-cat integrated construction, etc.”).

D From October 201 to October 201, under the agreement with the Plaintiff, D diverted the materials on the field of shipping at the shipping site and the FY to the field of the Do, and the Plaintiff additionally leased construction materials at the request of D. D.

On December 7, 2011, the Plaintiff, at the request of D, prepared a material lease agreement on the field between B and B in order to issue a tax invoice under the name of B, and issued a tax invoice to the person who is supplied with B and B.

E. Around December 30, 2011, the construction contract for the construction project for ECo General, etc., for ECo General, for Eco General, was cancelled on or around January 9, 2012, and Eco General, for Eco General, the construction project was completed and delivered to Eco General, etc., a letter of waiver of construction and termination of contract (Evidence A No. 16).

Construction, etc. of Eco General is with the construction of new forest (i.e., Do forest construction before the alteration, hereinafter referred to as "new forest construction").

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